Hadith Text & Context

The Prophet (ﷺ) said, "The buyer and the seller have the option to cancel or confirm the bargain before they separate from each other or if the sale is optional." Nafi` said, "Ibn `Umar used to separate quickly from the seller if he had bought a thing which he liked."

Reference: Sahih al-Bukhari 2107 | Book: Sales and Trade

Legal Ruling (Al-Hukm al-Shar'i)

This hadith establishes the legal principle of Khiyar al-Majlis (Option of Session) in Islamic commercial law. Both parties retain the right to rescind a sales contract as long as they remain in the same gathering where the transaction occurred.

The separation (tafarruq) mentioned refers to physical departure or conclusion of the meeting, not merely physical distance. Scholars differ on what constitutes separation: some say physical movement away, others say conclusion of business discussion.

Wisdom & Benefits (Al-Hikam wal-Masalih)

This ruling protects both parties from rash decisions and undue pressure. It allows time for reflection and prevents regret, ensuring transactions are entered into willingly and consciously.

The practice of Ibn Umar demonstrates the practical application: hastening to separate when satisfied with a purchase shows finality and prevents later doubts or disputes.

Scholarly Commentary (Sharh)

Imam al-Nawawi explains this option exists even without explicit condition, as it is inherent in the contract. The wisdom is to prevent gharar (uncertainty) and ensure mutual consent.

Ibn Qudamah notes that if one party leaves without exercising the option, the contract becomes binding. The option cannot be transferred or inherited once the session concludes.

Modern applications include: this option applies to contemporary business settings, though "separation" may include ending a phone call or closing a digital meeting in electronic commerce.